South Carolina General Assembly
121st Session, 2015-2016
Journal of the House of Representatives


Printed Page 948 . . . . . Tuesday, February 9, 2016

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 37:5: "Commit your ways to the Lord; trust in Him, and He will act."

Let us pray. Almighty God, You have entrusted to these men and women to provide for the welfare of this State. Keep them in focus to carry out the duties You have called them to do. Provide for them the needed trust in You for guidance. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayers. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BAMBERG moved that when the House adjourns, it adjourn in memory of Beverly Ann Blackmon Powers of Lancaster, mother of Representative Norrell, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Walter Scott.

SILENT PRAYER

The House stood in silent prayer for Representative Putnam, his family, and newborn child.


Printed Page 949 . . . . . Tuesday, February 9, 2016

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 4635
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-96, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200 and 50-11-2210
Wildlife Management Area Regulations; and Turkey Hunting Rules and Seasons
Received by Speaker of the House of Representatives
February 5, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 11, 2017

Document No. 4634
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200, 50-11-2210 and 50-11-2215
Additional Regulations Applicable to Specific Properties
Received by Speaker of the House of Representatives
February 5, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 11, 2017

HOUSE RESOLUTION

The following was introduced:

H. 4848 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ROBERT E. LEE ACADEMY VARSITY FOOTBALL TEAM OF LEE COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2015 SOUTH CAROLINA INDEPENDENT


Printed Page 950 . . . . . Tuesday, February 9, 2016

SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Robert E. Lee Academy varsity football team of Lee County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2015 South Carolina Independent School Association Class A State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4849 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JOHN SAMUEL MCCUTCHEN OF LEE COUNTY


Printed Page 951 . . . . . Tuesday, February 9, 2016

AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4850 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE ROBERT E. LEE ACADEMY VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4852 (Word version) -- Reps. J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown,


Printed Page 952 . . . . . Tuesday, February 9, 2016

Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SC WHITMORE SCHOOL FOR THE SIGNIFICANT WORK OF EDUCATING STUDENTS ACROSS THE STATE WHO ARE SEEKING AN ALTERNATIVE LEARNING STYLE AND TO CONGRATULATE THE FACULTY, STAFF, AND ADMINISTRATORS FOR FIVE YEARS OF PROVIDING OUTSTANDING VIRTUAL EDUCATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4853 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO HONOR BARBARA G. HOLLIS, COMMISSIONER OF THE SOUTH CAROLINA VOCATIONAL REHABILITATION DEPARTMENT, UPON THE OCCASION OF HER RETIREMENT, TO EXTEND DEEP APPRECIATION FOR HER YEARS OF SERVICE, AND TO OFFER BEST WISHES FOR A SATISFYING AND REWARDING RETIREMENT.

The Resolution was adopted.


Printed Page 953 . . . . . Tuesday, February 9, 2016

HOUSE RESOLUTION

The following was introduced:

H. 4855 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DAVID COOK OF LEXINGTON COUNTY AND TO CONGRATULATE HIM FOR HIS MANY ACCOMPLISHMENTS AND RECENT INDUCTION INTO THE AIRPORT HIGH SCHOOL ATHLETIC HALL OF FAME.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4851 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ALONG LAFAYETTE DRIVE IN THE CITY OF SUMTER "SCHP PATROLMAN JIMMY A. TRAYLOR MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4854 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 9, 2016, AS "MS AWARENESS DAY" IN THE PALMETTO STATE AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT MULTIPLE SCLEROSIS AND WHAT THEY CAN DO TO SUPPORT MS PATIENTS AND THEIR FAMILIES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 954 . . . . . Tuesday, February 9, 2016

CONCURRENT RESOLUTION

The following was introduced:

H. 4856 (Word version) -- Reps. Hardee and Johnson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR HELEN STEPHENS FOR HER SIGNIFICANT CONTRIBUTION TO AND PARTICIPATION IN THE HORRY ELECTRIC COOPERATIVE, INC., AND TO CONGRATULATE HER UPON BEING NAMED THE COOPERATIVE'S 2016 RURAL LADY OF THE YEAR.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4857 (Word version) -- Reps. Hiott, Clary and Collins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-255 SO AS TO REQUIRE COAL COMBUSTION RESIDUALS RESULTING FROM THE PRODUCTION OF ELECTRICITY TO BE PLACED IN A CLASS 3 LANDFILL AND TO PROVIDE EXCEPTIONS.
On motion of Rep. HIOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 850 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARD VALUATION, SO AS TO DEFINE NECESSARY TERMS, TO PRESCRIBE NEW REQUIREMENTS FOR THE DIRECTOR OR HIS DESIGNEE CONCERNING VALUING RESERVE LIABILITIES FOR OUTSTANDING INSURANCE POLICIES BASED UPON THE EFFECTIVE DATE OF THE POLICY OR CONTRACT, TO ALTER THE ACTUARIAL OPINION REQUIREMENTS FOR ALL LIFE INSURANCE POLICIES, TO UPDATE REFERENCES TO REQUIRE THAT THE COMMISSIONER'S RESERVE VALUATION METHOD BE USED FOR POLICIES ISSUED AFTER MARCH 23, 1960, AND POLICIES ISSUED AFTER THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE A NEW FORMULA TO COMPUTE THE CALENDAR YEAR STATUTORY INTEREST RATE, TO UPDATE


Printed Page 955 . . . . . Tuesday, February 9, 2016

REFERENCES TO REFLECT THE COMMISSIONER'S RESERVE VALUATION METHODS, TO PROVIDE THE MINIMUM RESERVE REQUIRED IF THE PREMIUM CHARGED BY A COMPANY IS LESS THAN THE VALUATION NET PREMIUM FOR THE POLICY OR CONTRACT, TO PRESCRIBE THE MINIMUM STANDARD OF VALUATION FOR ACCIDENT AND HEALTH INSURANCE CONTRACTS ISSUED ON OR AFTER THE OPERATIVE DATE OF THE OPERATION MANUAL, TO PRESCRIBE THE OPERATIVE DATE FOR THE VALUATION MANUAL AND WHAT THE VALUATION MANUAL MUST SPECIFY, TO ESTABLISH REQUIREMENTS FOR A COMPANY THAT USES A PRINCIPLE-BASED VALUATION, TO DEFINE CONFIDENTIAL INFORMATION AND TO PROVIDE PRIVILEGE FOR AND CONFIDENTIALITY OF CONFIDENTIAL INFORMATION, AND TO PROVIDE EXEMPTIONS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-63-510, RELATING TO STANDARD NONFORFEITURE LAW FOR LIFE INSURANCE, SO AS TO DEFINE THE TERM "OPERATIVE DATE OF THE VALUATION MANUAL"; AND TO AMEND SECTION 38-63-600, RELATING TO THE BASIS FOR CALCULATING ADJUSTED PREMIUMS AND PRESENT VALUES OF POLICIES ISSUED ON OR AFTER JANUARY 1, 1989, SO AS TO PROVIDE THAT THE COMMISSIONERS' STANDARD MORTALITY TABLE SHALL BE USED TO DETERMINE THE MINIMUM NONFORFEITURE STANDARD FOR POLICIES ISSUED ON OR AFTER THE OPERATIVE DATE OF THE VALUATION MANUAL.
Referred to Committee on Labor, Commerce and Industry

S. 976 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE DEFINITIONS, SO AS TO ADD REFERENCES TO CERTAIN PRODUCERS; TO AMEND SECTION 38-43-50, RELATING TO LIMITED LINE AND SPECIAL PRODUCER LICENSING, SO AS TO ESTABLISH THAT A PRODUCER LICENSED FOR PROPERTY AND CASUALTY INSURANCE IS NOT REQUIRED TO BECOME APPOINTED BY THE SURPLUS LINES INSURER WHEN PLACING SURPLUS LINES INSURANCE THROUGH A LICENSED BROKER; AND TO AMEND SECTION 38-45-10, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE DEFINITIONS, SO AS TO PROVIDE THAT AN INSURANCE BROKER'S LICENSE IS NOT REQUIRED OF A


Printed Page 956 . . . . . Tuesday, February 9, 2016

PRODUCER LICENSED FOR PROPERTY AND CASUALTY INSURANCE WHO PLACES SURPLUS LINES INSURANCE THROUGH A LICENSED INSURANCE BROKER AND TO UPDATE REFERENCES.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander              Anderson               Anthony
Bales                  Ballentine             Bamberg
Bannister              Bernstein              Bingham
Bowers                 Brannon                G. A. Brown
R. L. Brown            Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Corley                 Crosby
Daning                 Delleney               Dillard
Duckworth              Felder                 Forrester
Fry                    Gagnon                 Gilliard
Goldfinch              Hardee                 Hart
Hayes                  Henderson              Henegan
Herbkersman            Hill                   Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Jefferson
Johnson                Jordan                 King
Kirby                  Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               V. S. Moss             Murphy
Nanney                 Norman                 Parks
Pitts                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                G. M. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Thayer
Tinkler                Weeks                  Wells
Whipper                Whitmire               Williams
Willis                 Yow


Printed Page 957 . . . . . Tuesday, February 9, 2016

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 9.

Merita Allison                    Todd Atwater
Eric Bedingfield                  Jeffrey A. Bradley
Mike Burns                        Bill Chumley
MaryGail Douglas                  Laurie Funderburk
Mike Gambrell                     Wayne George
Jerry Govan                       Dan Hamilton
Donna Hicks                       Chip Huggins
Ralph Kennedy                     Patsy Knight
Cezar McKnight                    Dennis Moss
Joseph Neal                       Weston Newton
Russell L. Ott                    Thomas "Tommy" Pope
Richard "Rick" Quinn              Robert Ridgeway
Robert Riley                      Garry R. Smith
Edward "Eddie" Tallon             William "Bill" Taylor
Brian White

Total Present--118

STATEMENT OF ATTENDANCE

Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 3.

STATEMENT OF ATTENDANCE

Rep. GEORGE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 4.

LEAVE OF ABSENCE

The SPEAKER granted Rep. TOOLE a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PUTNAM a leave of absence for the day due to the birth of a child.


Printed Page 958 . . . . . Tuesday, February 9, 2016

LEAVE OF ABSENCE

The SPEAKER granted Rep. NORRELL a leave of absence for the day due to the death of a family member.

LEAVE OF ABSENCE

The SPEAKER granted Rep. H. A. CRAWFORD a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Todd Schlesinger of Charleston was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3177 (Word version)
Date:   ADD:
02/09/16   NORMAN

CO-SPONSOR ADDED

Bill Number:   H. 3523 (Word version)
Date:   ADD:
02/09/16   G. M. SMITH


Printed Page 959 . . . . . Tuesday, February 9, 2016

CO-SPONSORS ADDED

Bill Number:   H. 3868 (Word version)
Date:   ADD:
02/09/16   GAMBRELL and GAGNON

CO-SPONSOR ADDED

Bill Number:   H. 3989 (Word version)
Date:   ADD:
02/09/16   HORNE

CO-SPONSOR ADDED

Bill Number:   H. 4092 (Word version)
Date:   ADD:
02/09/16   STAVRINAKIS

CO-SPONSOR ADDED

Bill Number:   H. 4093 (Word version)
Date:   ADD:
02/09/16   HENDERSON

CO-SPONSOR ADDED

Bill Number:   H. 4395 (Word version)
Date:   ADD:
02/09/16   GEORGE

CO-SPONSORS ADDED

Bill Number:   H. 4548 (Word version)
Date:   ADD:
02/09/16   GAMBRELL, LIMEHOUSE, POPE, WILLIAMS, G. M. SMITH, G. R. SMITH, COLE, HORNE, GEORGE, KNIGHT and WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4765 (Word version)
Date:   ADD:
02/09/16   CROSBY


Printed Page 960 . . . . . Tuesday, February 9, 2016

CO-SPONSOR ADDED

Bill Number:   H. 4776 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4777 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4778 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4779 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4780 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4781 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4782 (Word version)
Date:   ADD:
02/09/16   KENNEDY

CO-SPONSOR ADDED

Bill Number:   H. 4783 (Word version)
Date:   ADD:
02/09/16   KENNEDY


Printed Page 961 . . . . . Tuesday, February 9, 2016

CO-SPONSOR ADDED

Bill Number:   H. 4834 (Word version)
Date:   ADD:
02/09/16   BINGHAM

H. 3878--DEBATE ADJOURNED

The following Bill was taken up:

H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes, Kirby, Bradley and Newton: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.

Rep. PITTS moved to adjourn debate on the Bill until Thursday, February 11, which was agreed to.

H. 4532--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4532 (Word version) -- Rep. Fry: A BILL TO AMEND SECTION 4-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO REVISE THE BOUNDARIES; AND TO REPEAL SECTION 4-23-15 RELATING TO THE BOUNDARIES OF THE SAME DISTRICT.

Rep. FRY explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Bannister              Bernstein
Bingham                Bowers                 Bradley


Printed Page 962 . . . . . Tuesday, February 9, 2016

Brannon                G. A. Brown            Clary
Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Corley
Crosby                 Daning                 Delleney
Dillard                Duckworth              Felder
Forrester              Fry                    Funderburk
Gagnon                 George                 Gilliard
Goldfinch              Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hill
Horne                  Hosey                  Howard
Jefferson              Johnson                King
Kirby                  Knight                 Limehouse
Loftis                 Long                   Lucas
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Mitchell               Murphy
Nanney                 Newton                 Norman
Ott                    Parks                  Pitts
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                G. M. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Tallon                 Taylor
Tinkler                Weeks                  Whitmire
Williams               Yow

Total--83

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber, attending Franklin Graham's prayer rally on the State House grounds, and missed the vote on H. 4532. If I had been present, I would have voted in favor of the Bill.

Rep. Donna Hicks


Printed Page 963 . . . . . Tuesday, February 9, 2016

H. 3685--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3685 (Word version) -- Reps. D. C. Moss and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-219 SO AS TO PROVIDE THAT A FIVE DOLLAR SURCHARGE IS IMPOSED UPON ALL MONETARY PENALTIES IMPOSED BY CERTAIN COURTS FOR OFFENSES IN WHICH AN ELECTRONIC TICKET OR CITATION WAS ISSUED, AND TO PROVIDE FOR THE DISTRIBUTION OF THE SURCHARGE.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3685 (COUNCIL\GT\3685C001.GT.CM16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Section 56-7-20 of the 1976 Code, as last amended by Act 1 of 2009, is further amended to read:

"Section 56-7-20.   Each ticket shall have a unique identifying number. Each printed copy must be labeled at the bottom with the purpose of the copy. A handwritten traffic ticket must consist of four copies, one of which must be blue and must be given to the vehicle operator who is the alleged traffic violator; one of which must be yellow and must be dispatched to the Department of Motor Vehicles for its records and for audit purposes; one of which must be white and must be dispatched to the police agency of which the arresting officer is a part; and one of which must be green and must be retained by the trial officer for his records. An electronic traffic ticket must consist of at least one printed copy that must be given to the vehicle operator who is the alleged traffic violator and as many as three additional printed copies if needed to communicate with the Department of Motor Vehicles, the police agency, and the trial officer. All tickets must be transmitted to the department electronically. Data transmissions to the department must be made pursuant to the agency's electronic specifications."
SECTION 2.   Section 56-7-30 of the 1976 Code, as last amended by Act 68 of 2005, is further amended to read:

"Section 56-7-30.   (A) The Department of Public Safety shall have the traffic tickets printed. Law enforcement agencies shall order tickets from the Department of Public Safety and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement agency. The Department of Motor Vehicles


Printed Page 964 . . . . . Tuesday, February 9, 2016

records and audit copy must be forwarded electronically by the law enforcement agency to the Department of Motor Vehicles within ten five days of the disposition of the case by final trial court action or by nolle prosequi. The head of each law enforcement agency is courts are responsible for the forwarding of the driver records and audit copies court disposition information to the Department of Motor Vehicles and for conducting an annual inventory on December thirty-first of all tickets received but not disposed of by final trial court action or by nolle prosequi, and for forwarding the results of the inventory on a form prescribed by the Department of Motor Vehicles to the Department of Motor Vehicles within ten days of the completion of the inventory.

(B) A law enforcement agency that issues uniform traffic tickets in an electronic format as provided in Section 56-7-10 may generate a printed copy of this ticket by using an in-car data terminal or hand held device. A copy of the ticket must be given to the offender. The agency may must then transmit the ticket data electronically to the Department of Motor Vehicles for its records and for audit purposes, the law enforcement agency by which the arresting officer is employed, and the trial officer for his records. If any of these entities does not have the capability to accept the ticket data solely using electronic means, the arresting agency must provide the entity with a printed copy of the ticket generated by the in-car data terminal or hand held device. Data transmissions to the Department of Motor Vehicles must be made pursuant to that agency's electronic system specifications. Printed copies provided to the Department of Motor Vehicles must meet that agency's document processing requirements."
SECTION 3.   Section 56-7-40 of the 1976 Code is amended to read:

"Section 56-7-40. Any person intentionally violating the provisions of Section 56-7-10 or 56-7-30 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned for not more than six months, or both, for each ticket unaccounted for, or each use of a nonuniform ticket, or each failure to timely electronically forward the Department of Motor Vehicles records copy or audit copy of a ticket. If the failure to account for a ticket, or the use of a nonuniform ticket, or the failure to timely forward the Department records or audit copy of the ticket is inadvertent or unintentional, such misuse shall be triable in magistrate's court and upon conviction shall be punishable by a fine of not more than one hundred dollars. Any person charged with failing to timely forward the results of the annual inventory


Printed Page 965 . . . . . Tuesday, February 9, 2016

shall be tried in magistrate's court and upon conviction shall be fined not more than one hundred dollars."
SECTION 4.   Section 56-1-365 of the 1976 Code, as last amended by Act 201 of 2008, is amended to read:

"Section 56-1-365.   (A) A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general sessions, municipal, or magistrate's court to an offense which requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

(B) The Department of Motor Vehicles may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates must give the department's agents tickets, arrest warrants, and other documents or copies of them, including any reinstatement fee paid at the time of the verdict, guilty plea, or plea of nolo contendere, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk must forward the license, ticket, and other documentation to the department within five days after receipt. A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

(C) The department shall notify the defendant of the suspension or revocation. Except as provided in Section 56-5-2990, if the defendant surrendered his license to the magistrate or clerk immediately after conviction, the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward electronically the license and ticket and license surrender information to the department within five days, the suspension or revocation does not begin until the department receives and processes the license and ticket; provided that the end date of the term of suspension or revocation shall be calculated from the date of surrender and not the date the department receives and processes the ticket.


Printed Page 966 . . . . . Tuesday, February 9, 2016

(D) If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the court shall use its judicial discretion in determining if the period of suspension for the subsequent offense runs consecutively and does not commence until commences upon the expiration of the suspension or revocation for the prior offense, or if the period of suspension for the subsequent offense runs concurrently with the suspension or revocation of the prior offense.

(E) If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

(F) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of six months after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the six-month period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."
SECTION 5.   Section 56-1-370 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-370.   The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Motor Vehicles, request in writing an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure of the Administrative Law Court and the State Administrative Procedures Act, in the judicial circuit where the licensee was arrested unless the Division of Motor Vehicle Hearings and the licensee agree that the hearing may be held in another jurisdiction. The hearing must be heard by a hearing officer of the Division of Motor Vehicle Hearings. Upon the review, the hearing officer shall either rescind the department's order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license. If the administrative hearing results in the continued suspension, cancellation, or revocation of the license, the term of the suspension, cancellation, or revocation of the defendant's license is deemed to commence upon the date of the administrative hearing and not on the date of the notice provided by the Department of Motor Vehicles."


Printed Page 967 . . . . . Tuesday, February 9, 2016

SECTION 6.   Section 56-3-1972 of the 1976 Code is repealed.
SECTION 7.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 8.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HORNE explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Ballentine             Bamberg
Bannister              Bedingfield            Bernstein
Bingham                Bowers                 Bradley
Brannon                G. A. Brown            R. L. Brown
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Corley                 Crosby                 Daning
Delleney               Dillard                Douglas
Duckworth              Felder                 Forrester
Fry                    Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hart                   Hayes
Henderson              Henegan                Hicks


Printed Page 968 . . . . . Tuesday, February 9, 2016

Hill                   Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 Kennedy
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Mitchell               D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Norman                 Ott
Parks                  Pitts                  Pope
Ridgeway               Riley                  Rivers
Robinson-Simpson       Ryhal                  Sandifer
G. M. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Wells
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--105

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KING a leave of absence for the remainder of the day.

H. 3041--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3041 (Word version) -- Reps. Delleney, Allison, Atwater, Ballentine, Bannister, Bedingfield, Bingham, Bradley, Brannon, Burns, Clary, Clemmons, Collins, H. A. Crawford, Daning, Duckworth, Erickson, Forrester, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Herbkersman,


Printed Page 969 . . . . . Tuesday, February 9, 2016

Hicks, Hill, Hiott, Hixon, Horne, Huggins, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, D. C. Moss, V. S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Wells, White, Whitmire, Willis, Yow, Funderburk and Corley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

Rep. BANNISTER moved to adjourn debate on the Joint Resolution until Wednesday, February 10, which was agreed to.

H. 4447--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4447 (Word version) -- Reps. Henegan and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE BARBERSHOP PERMITS, TO ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.

Rep. JEFFERSON explained the Bill.


Printed Page 970 . . . . . Tuesday, February 9, 2016

The yeas and nays were taken resulting as follows:

Yeas 53; Nays 49

Those who voted in the affirmative are:

Alexander              Anthony                Bamberg
Bedingfield            Bernstein              Brannon
Clyburn                Cobb-Hunter            Collins
Douglas                Duckworth              Fry
Gilliard               Govan                  Hamilton
Hardee                 Hart                   Henegan
Hill                   Hodges                 Hosey
Howard                 Jefferson              Jordan
Kennedy                Kirby                  Knight
Limehouse              Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Mitchell               Ott                    Parks
Pitts                  Ridgeway               Riley
Robinson-Simpson       Rutherford             Ryhal
G. R. Smith            J. E. Smith            Southard
Spires                 Stavrinakis            Tinkler
White                  Whitmire               Williams
Willis                 Yow

Total--53

Those who voted in the negative are:

Allison                Atwater                Bales
Ballentine             Bannister              Bowers
Bradley                G. A. Brown            R. L. Brown
Burns                  Clary                  Clemmons
Cole                   Corley                 Crosby
Daning                 Delleney               Felder
Forrester              Funderburk             George
Goldfinch              Hayes                  Henderson
Hicks                  Hiott                  Hixon
Horne                  Huggins                Johnson
Loftis                 Lowe                   McCoy
Merrill                D. C. Moss             Nanney
Norman                 Pope                   Rivers
Sandifer               Simrill                G. M. Smith
Sottile                Stringer               Tallon


Printed Page 971 . . . . . Tuesday, February 9, 2016

Taylor                 Weeks                  Wells
Whipper

Total--49

So, the Bill was read the second time and ordered to third reading.

H. 3420--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3420 (Word version) -- Reps. Crosby, Daning, Sottile, Mack, Gilliard, Yow, Williams, Stavrinakis, Whipper, Jefferson, R. L. Brown, Goldfinch and Sandifer: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF HIGH SCHOOL DIPLOMAS TO CERTAIN VETERANS OF THE UNITED STATES MILITARY, SO AS TO INCLUDE VETERANS OF THE ERAS ENCOMPASSING THE KOREAN WAR AND VIETNAM WAR.

Rep. STRINGER explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bedingfield
Bernstein              Bingham                Bowers
Bradley                G. A. Brown            R. L. Brown
Burns                  Chumley                Clary
Clemmons               Clyburn                Cole
Collins                Corley                 Crosby
Daning                 Delleney               Dillard
Douglas                Duckworth              Felder
Forrester              Fry                    Funderburk
Gagnon                 Gambrell               George
Goldfinch              Govan                  Hamilton
Hardee                 Hart                   Hayes
Henderson              Henegan                Herbkersman
Hill                   Hiott                  Hixon


Printed Page 972 . . . . . Tuesday, February 9, 2016

Hodges                 Horne                  Hosey
Howard                 Huggins                Johnson
Kennedy                Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   McCoy                  McEachern
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Ott                    Parks
Pitts                  Pope                   Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tinkler
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--101

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

I inadvertently missed the vote on H. 3420. If I had been present, I would have voted in favor of the Bill.

Rep. Jay Jordan

H. 4515--DEBATE ADJOURNED

The following Bill was taken up:

H. 4515 (Word version) -- Reps. Daning, V. S. Moss, Clyburn and Hosey: A BILL TO AMEND SECTION 59-112-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNDERGRADUATE IN-STATE TUITION FOR PEOPLE ENTITLED TO CERTAIN FEDERAL EDUCATIONAL ASSISTANCE AS THE CHILDREN OF


Printed Page 973 . . . . . Tuesday, February 9, 2016

MEMBERS OF THE UNITED STATES MILITARY WHO DIED IN ACTIVE DUTY SERVICE AFTER SEPTEMBER 11, 2001, AND FOR PEOPLE ENTITLED AS THE SPOUSAL OR CHILDREN DEPENDENTS OF VETERANS TO RECEIVE CERTAIN UNUSED FEDERAL EDUCATIONAL ASSISTANCE TRANSFERRED FROM VETERANS, SO AS TO PROVIDE THEY ARE NOT SUBJECT TO A THREE-YEAR POST-DISCHARGE ENROLLMENT TIME LIMIT.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4515 (COUNCIL\AGM\4515C001. AGM.AB16):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 59-112-50(C)(2)(b), as added by Act 11 of 2015, is amended to read:

"(b)   a person recipient of transferred benefits who is entitled to and receiving assistance under Section 3311(b)(9) or 3319, Title 38 of the United States Code by virtue of the person's relationship to the veteran described in subitem (a), except that the three-year post discharge enrollment limits described in item (2)(a) shall not apply."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TAYLOR explained the amendment.

Rep. WHITE moved to adjourn debate on the Bill until Wednesday, February 10, which was agreed to.

H. 4639--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4639 (Word version) -- Reps. Allison and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-47 SO AS TO PROVIDE THE COMMISSION ON HIGHER EDUCATION MAY ENTER INTERSTATE RECIPROCITY AGREEMENTS THAT AUTHORIZE ACCREDITED DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE TO OFFER POSTSECONDARY DISTANCE EDUCATION IN A CERTAIN MANNER, TO PROVIDE RELATED POWERS AND DUTIES OF THE COMMISSION, TO PROVIDE PARTICIPATION


Printed Page 974 . . . . . Tuesday, February 9, 2016

IN THE AGREEMENTS IS VOLUNTARY TO ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE, TO PROVIDE INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE THAT DO NOT PARTICIPATE IN ANY INTERSTATE RECIPROCITY AGREEMENT ENTERED INTO BY THE COMMISSION ARE NOT PROHIBITED FROM OFFERING POSTSECONDARY DISTANCE EDUCATION, AND TO CLARIFY THAT NO PROVISION OF THIS ACT PROHIBITS OR REDUCES THE AUTHORITY OF THE COMMISSION TO LICENSE INSTITUTIONS OF HIGHER EDUCATION OFFERING DISTANCE EDUCATION IN THIS STATE IF THE INSTITUTION IS NOT A PARTICIPANT IN THE INTERSTATE RECIPROCITY AGREEMENT IN WHICH THE COMMISSION PARTICIPATES.

Rep. TAYLOR explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bernstein              Bingham
Bowers                 Bradley                Brannon
R. L. Brown            Burns                  Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Crosby                 Daning                 Delleney
Dillard                Douglas                Duckworth
Felder                 Forrester              Fry
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hayes
Henderson              Henegan                Herbkersman
Hicks                  Hill                   Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Johnson                Jordan                 Kennedy
Kirby                  Knight                 Limehouse
Loftis                 Long                   Lowe


Printed Page 975 . . . . . Tuesday, February 9, 2016

Lucas                  Mack                   McCoy
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Norman                 Ott
Parks                  Pitts                  Pope
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tinkler
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--110

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 3657--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3657 (Word version) -- Reps. Yow, Henegan and Lucas: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY COMMENCEMENT OF ELECTED SCHOOL BOARD TRUSTEES' TERMS ONE WEEK FOLLOWING CERTIFICATION OF ELECTION, SO AS TO PROVIDE THAT THIS REQUIREMENT APPLIES EXCEPT WHERE OTHERWISE PROVIDED BY LAW.

Rep. STRINGER explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0


Printed Page 976 . . . . . Tuesday, February 9, 2016

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bernstein              Bingham
Bowers                 Bradley                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Crosby                 Daning
Delleney               Dillard                Douglas
Duckworth              Felder                 Forrester
Fry                    Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hayes                  Henderson
Henegan                Hicks                  Hill
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Jefferson              Johnson                Jordan
Kennedy                Kirby                  Knight
Limehouse              Loftis                 Lowe
Mack                   McCoy                  McEachern
McKnight               M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Nanney                 Newton                 Norman
Ott                    Parks                  Pitts
Pope                   Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Yow

Total--106


Printed Page 977 . . . . . Tuesday, February 9, 2016

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4688--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4688 (Word version) -- Reps. Clemmons, Felder, Clary, Collins, Daning, R. L. Brown, Forrester and Rivers: A BILL TO AMEND SECTION 56-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL INTERFERENCE WITH TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO PORTABLE ROAD CLOSURE SIGNS AND DEVICES, AND TO THE UNLAWFUL REPOSITIONING OF TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4688 (COUNCIL\GT\4688C004.GT. CM16), which was adopted:
Amend the bill, as and if amended, by STRIKING ALL AFTER THE ENACTING WORDS AND INSERTING:
/ SECTION 1.   This act may be cited as the "Timothy Wayne Gibson Act".
SECTION   2.   Section 56-5-1030(A) of the 1976 Code is amended to read:

"(A) No person shall wilfully without lawful authority attempt to or in fact alter, deface, injure, knock down, reposition, or remove an official traffic-control device, a temporary road closure sign or device, or a railroad sign or signal, or its inscriptions, shields, or insignia."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. DANING explained the amendment.
The amendment was then adopted.

Rep. DANING explained the Bill.


Printed Page 978 . . . . . Tuesday, February 9, 2016

Rep. G. M. SMITH moved to adjourn debate on the Bill until Wednesday, February 10, which was agreed to.

H. 4122--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND
MUNICIPAL AFFAIRS

On motion of Rep. SPIRES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 4122 (Word version) -- Rep. Williams: A BILL TO AMEND SECTION 44-53-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCESSES FOR CHANGING CONTROLLED SUBSTANCE SCHEDULES, SO AS TO REQUIRE THE STATE BOARD OF PHARMACY TO PERFORM FUNCTIONS TO QUICKLY IDENTIFY NEW SYNTHETIC CHEMICAL FORMULAS FOR SCHEDULING AND TO AUTHORIZE THE BOARD TO ISSUE EMERGENCY RULES TO SCHEDULE SYNTHETIC CHEMICAL FORMULAS AS A CONTROLLED SUBSTANCE.

H. 4123--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND
MUNICIPAL AFFAIRS

On motion of Rep. SPIRES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 4123 (Word version) -- Rep. Williams: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO ADD CERTAIN SYNTHETIC CANNABINOID AND CATHINONE COMPOUNDS AS SCHEDULE I CONTROLLED SUBSTANCES.


Printed Page 979 . . . . . Tuesday, February 9, 2016

H. 4043--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. LOFTIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:

H. 4043 (Word version) -- Reps. Loftis, Burns, Erickson, Robinson-Simpson, Corley, Duckworth, Funderburk, Hodges, Huggins, Kennedy, Long, Simrill, G. R. Smith, Wells and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 39 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA COMMERCIAL-PROPERTY ASSESSED CLEAN ENERGY ACT" (C-PACE) TO PROVIDE THAT GOVERNING BODIES MAY ESTABLISH A DISTRICT BY ADOPTION OF AN ORDINANCE FOR THE PURPOSE OF PROMOTING, ENCOURAGING, AND FACILITATING CLEAN ENERGY IMPROVEMENTS WITHIN ITS GEOGRAPHIC AREA; TO PROVIDE REQUIREMENTS TO BE INCLUDED IN THE ORDINANCE; TO PROVIDE THAT MEMBERS OF THE DISTRICT AND OWNERS OF QUALIFYING REAL PROPERTY MAY VOLUNTARILY EXECUTE A WRITTEN AGREEMENT TO PARTICIPATE IN THE COMMERCIAL-PROPERTY ASSESSED CLEAN ENERGY PROGRAM; TO PROVIDE THAT THE GOVERNING BODY HAS THE AUTHORITY TO IMPOSE AN ASSESSMENT ON THE QUALIFYING REAL PROPERTY; TO PROVIDE THAT THE ASSESSMENT SHALL CONSTITUTE A C-PACE LIEN AGAINST THE QUALIFYING REAL PROPERTY UNTIL PAID; TO PROVIDE HOW CLEAN ENERGY IMPROVEMENTS MAY BE FINANCED; TO PROVIDE THAT CLEAN ENERGY IMPROVEMENTS MUST MEET ALL APPLICABLE SAFETY, PERFORMANCE, INTERCONNECTION, AND RELIABILITY STANDARDS; AND TO DEFINE NECESSARY TERMS.

S. 490--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. BEDINGFIELD, with unanimous consent, the following Bill was ordered recalled from the Committee on Regulations and Administrative Procedures and was referred to the Committee on Labor, Commerce and Industry:


Printed Page 980 . . . . . Tuesday, February 9, 2016

S. 490 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 1-23-280 OF THE 1976 CODE, RELATING TO THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE, TO PROVIDE THAT IT IS THE DUTY OF THE COMMITTEE TO REQUEST FROM AN AGENCY PROMULGATING A REGULATION BEING REVIEWED BY THE COMMITTEE A RESPONSE TO THE COMMITTEE'S REQUEST FOR INFORMATION RELATED TO THE REGULATION AND TO PROVIDE THAT THE AGENCY MUST RESPOND TO THE REQUEST WITHIN FIFTEEN DAYS, TO PROVIDE THAT THE COMMITTEE SHALL HAVE THE ABILITY TO REQUEST INFORMATION AND A REGULATORY FLEXIBILITY ANALYSIS ON A PROPOSED REGULATION AFTER THE PUBLIC HEARING DATE OR A REGULATORY FLEXIBILITY ANALYSIS ON AN EXISTING REGULATION, AND THE ABILITY TO PETITION THE STATE AGENCY OR THE GENERAL ASSEMBLY, OR BOTH, TO AMEND, REVISE, OR REVOKE A REGULATION IF THE COMMITTEE DETERMINES THERE WILL BE A SIGNIFICANT ADVERSE IMPACT ON SMALL BUSINESSES, TO PROVIDE FOR THE ADJUSTMENT OF COMMITTEE MEMBERS' TERMS TO ACHIEVE STAGGERED TERMS, AND TO PROVIDE THAT AN APPOINTED COMMITTEE MEMBER SHALL NOT SERVE CONSECUTIVELY FOR MORE THAN SIX YEARS.

OBJECTION TO RECALL

Rep. PITTS asked unanimous consent to recall H. 3117 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. DELLENEY.

H. 3868--DEBATE ADJOURNED

The following Bill was taken up:

H. 3868 (Word version) -- Reps. Pitts, White, Goldfinch, Hardee, Bales, Gambrell and Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WETLANDS CONSERVATION ACT"; TO AMEND SECTION 12-24-95, RELATING TO DEED RECORDING FEES, SO AS TO INCREASE


Printed Page 981 . . . . . Tuesday, February 9, 2016

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

Rep. PITTS moved to adjourn debate on the Bill until Wednesday, February 10, which was agreed to.


Printed Page 982 . . . . . Tuesday, February 9, 2016

H. 4457--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4457 (Word version) -- Reps. Huggins and W. J. McLeod: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4457 (COUNCIL\MS\4457C001.MS.AHB16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 22-3-10 of the 1976 Code is amended to read:

"Section 22-3-10.   Magistrates have concurrent civil jurisdiction in the following cases:

(1)   in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven twenty-five thousand five hundred dollars;

(2)   in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven twenty-five thousand five hundred dollars;

(3)   in actions for a penalty, fine, or forfeiture, when the amount claimed of forfeited does not exceed seven twenty-five thousand five hundred dollars;

(4)   in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven twenty-five thousand five hundred dollars;

(5)   in actions upon a bond conditioned for the payment of money, not exceeding seven twenty-five thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6)   in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven twenty-five thousand five hundred dollars;

(7)   in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;


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(8)   to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven twenty-five thousand five hundred dollars;

(9)   in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven twenty-five thousand five hundred dollars;

(10)   in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of, Title 27;

(11)   in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven twenty-five thousand five hundred dollars;

(12)   in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven twenty-five thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;

(13)   in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven twenty-five thousand five hundred dollars; and

(14)   in actions for damages arising from a person's failure to return leased or rented property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven twenty-five thousand five hundred dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   3.   This act takes effect upon approval by the Governor. /


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Renumber sections to conform.
Amend title to conform.

Rep. POPE explained the amendment.

Rep. G. M. SMITH spoke against the amendment.

Rep. HUGGINS spoke against the amendment and moved to table the amendment.

Rep. NORMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 37

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Ballentine             Bannister
Bedingfield            Bingham                Bowers
Bradley                Brannon                G. A. Brown
Burns                  Chumley                Clary
Clemmons               Cobb-Hunter            Cole
Collins                Crosby                 Daning
Dillard                Felder                 Forrester
Fry                    Funderburk             Gagnon
Gambrell               George                 Hamilton
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Kennedy
Kirby                  Knight                 Limehouse
Loftis                 Long                   Lowe
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Pitts                  Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Sandifer               Simrill
G. M. Smith            G. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Weeks                  Wells


Printed Page 985 . . . . . Tuesday, February 9, 2016

White                  Williams               Willis
Yow

Total--76

Those who voted in the negative are:

Anderson               Bales                  Bamberg
Bernstein              R. L. Brown            Clyburn
Corley                 Delleney               Douglas
Duckworth              Gilliard               Goldfinch
Govan                  Hardee                 Howard
Jefferson              Johnson                Jordan
Lucas                  Mack                   McCoy
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Ott                    Parks
Pope                   Rutherford             Ryhal
J. E. Smith            Southard               Stavrinakis
Thayer                 Tinkler                Whipper
Whitmire

Total--37

So, the amendment was tabled.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 21

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bamberg
Bannister              Bedingfield            Bernstein
Bingham                Bowers                 Bradley
R. L. Brown            Burns                  Clemmons
Clyburn                Cobb-Hunter            Collins
Corley                 Delleney               Dillard
Douglas                Duckworth              Forrester
Fry                    Funderburk             Gagnon
Gambrell               Gilliard               Goldfinch
Govan                  Hamilton               Hardee


Printed Page 986 . . . . . Tuesday, February 9, 2016

Henderson              Henegan                Herbkersman
Hicks                  Hill                   Hiott
Hixon                  Hosey                  Huggins
Jefferson              Johnson                Jordan
Kennedy                Knight                 Limehouse
Loftis                 Long                   Lowe
McCoy                  McEachern              McKnight
M. S. McLeod           W. J. McLeod           Merrill
V. S. Moss             Murphy                 Nanney
Newton                 Ott                    Parks
Pitts                  Pope                   Quinn
Ridgeway               Robinson-Simpson       Rutherford
Ryhal                  Sandifer               Simrill
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Weeks
Wells                  White                  Whitmire
Williams               Yow

Total--89

Those who voted in the negative are:

Brannon                G. A. Brown            Clary
Cole                   Crosby                 Daning
Felder                 George                 Hayes
Hodges                 Howard                 Kirby
Lucas                  Mack                   D. C. Moss
Norman                 Riley                  Rivers
G. M. Smith            Whipper                Willis

Total--21

So, the Bill was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. SANDIFER moved that the House recur to the morning hour, which was agreed to.


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REPORTS OF STANDING COMMITTEE

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4768 (Word version) -- Rep. Limehouse: A HOUSE RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL AND REQUEST, THAT IF REINSTATED, THE APPROPRIATE COMMITTEE NOMINATE HIM TO BE INDUCTED INTO THE NATIONAL BASEBALL HALL OF FAME.
Ordered for consideration tomorrow.

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4748 (Word version) -- Rep. R. L. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES SIMMONS CREEK ALONG OLD POND ROAD IN CHARLESTON COUNTY "JERRY AND HANNAH BLAKE MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THIS DESIGNATION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4859 (Word version) -- Reps. Kennedy, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott,


Printed Page 988 . . . . . Tuesday, February 9, 2016

Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE BOY SCOUT SCOTT WILLS OF GILBERT ON BEING AWARDED THE MEDAL OF MERIT BY THE BOY SCOUTS OF AMERICA AND TO COMMEND HIM FOR HIS HEROIC ACTIONS IN NOVEMBER 2014, WHEN HE RESCUED HIS FELLOW CAMPERS FROM A WATER ACCIDENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4860 (Word version) -- Reps. Williams, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Willis and Yow: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, MARCH 9, 2016, AS "UNCLAIMED PROPERTY DAY" AND, IN DOING SO, URGE ALL CITIZENS TO UTILIZE THE OFFICE OF STATE TREASURER'S DATABASE TO SEARCH FOR UNCLAIMED PROPERTY FOR THEMSELVES, THEIR FRIENDS AND FAMILY, AND THEIR BUSINESSES.

The Resolution was adopted.


Printed Page 989 . . . . . Tuesday, February 9, 2016

CONCURRENT RESOLUTION

The following was introduced:

H. 4858 (Word version) -- Reps. Allison, Forrester, Alexander, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE DR. ELIZABETH A. FLEMING, PRESIDENT OF CONVERSE COLLEGE, UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4861 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan,


Printed Page 990 . . . . . Tuesday, February 9, 2016

Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE THE THIRTY-FIVE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2016 ALL-STATE ACADEMIC TEAM BY THE PHI THETA KAPPA HONOR SOCIETY IN RECOGNITION OF THEIR SCHOLARLY ACCOMPLISHMENTS AND SERVICE TO THEIR COMMUNITIES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4862 (Word version) -- Reps. Bales, Govan, R. L. Brown, Henegan, Mack, Hayes, Alexander, V. S. Moss, J. E. Smith, Bowers, Anthony, Bradley, G. A. Brown, Chumley, Daning, Forrester, Gambrell, Herbkersman, W. J. McLeod, Newton and Thayer: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES ISSUED TO CERTAIN CURRENT AND RETIRED PUBLIC OFFICIALS, SO AS TO PROVIDE THAT TWO SPECIAL LICENSE PLATES MAY BE ISSUED TO EACH OF THESE OFFICIALS, AND THAT A SPECIAL LICENSE PLATE ISSUED TO A MEMBER OF THE GENERAL ASSEMBLY WHO IS RECEIVING RETIREMENT BENEFITS MUST CONTAIN THE SEAL IMPRINTED ON SPECIAL LICENSE PLATES ISSUED TO CURRENT MEMBERS OF THE GENERAL ASSEMBLY.
On motion of Rep. BALES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


Printed Page 991 . . . . . Tuesday, February 9, 2016

H. 4863 (Word version) -- Reps. G. M. Smith, Weeks and Delleney: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROHIBITION ON THE POSSESSION, DISPENSATION, OR DISTRIBUTION OF CERTAIN DRUGS AND DEVICES WITHOUT A PRESCRIPTION UNDER THE PHARMACY PRACTICE ACT, SO AS TO CLARIFY AN EXCEPTION PERMITTING A PERSON TO POSSESS IN A PILL BOX DRUGS PRESCRIBED TO HIM, AND TO DEFINE NECESSARY TERMINOLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4864 (Word version) -- Reps. Williams, Anderson and Ridgeway: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-375 SO AS TO PROVIDE ALL PUBLIC SCHOOLS MUST BE CLOSED ON VETERANS DAY, TO PROVIDE EXCEPTIONS, TO PROVIDE THIS DAY MUST NOT BE CONSIDERED AS ONE OF THE REGULAR SCHOOL DAYS FOR THE YEAR OF PUBLIC SCHOOLS, AND TO EXEMPT STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION FROM THIS REQUIREMENT.
Referred to Committee on Education and Public Works

S. 780 (Word version) -- Senators McElveen and Campsen: A BILL TO AMEND SECTION 50-13-1630 (A) THROUGH (D) OF THE 1976 CODE, RELATING TO THE SALE AND TRAFFICKING IN FISH, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES MAY ISSUE PERMITS FOR THE RELEASE OR STOCKING OF STERILE WHITE AMUR, GRASS CARP, OR GRASS CARP HYBRIDS IN THIS STATE AND TO UPDATE NECESSARY TERMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 932 (Word version) -- Senators Bennett, Grooms and Hembree: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT RATIOS, SO AS TO REVISE AN APPLICATION DEADLINE FOR CERTAIN PROPERTY OWNED BY CERTAIN MEMBERS OF THE ARMED FORCES.
Referred to Committee on Ways and Means


Printed Page 992 . . . . . Tuesday, February 9, 2016

S. 984 (Word version) -- Senators Campsen and Davis: A BILL TO AMEND SECTION 50-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS CONTAINED IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO PROVIDE A DEFINITION FOR THE TERM "SOUTHERN COBIA MANAGEMENT ZONE"; AND TO AMEND SECTION 50-5-2730, AS AMENDED, RELATING TO CERTAIN FEDERAL FISHING REGULATIONS, SO AS TO PROVIDE THAT THESE REGULATIONS DO NOT APPLY TO COBIA LOCATED IN THE SOUTHERN COBIA MANAGEMENT ZONE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1030 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 50-13-645 OF THE 1976 CODE, RELATING TO PROTECTION OF NONGAME FISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A RECREATIONAL FISHERMAN TO TAKE MORE THAN TWENTY-FIVE AMERICAN EEL A DAY AND THAT EACH AMERICAN EEL TAKEN MUST BE AT LEAST NINE INCHES LONG.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

Rep. RUTHERFORD moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4723 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY THAT RUNS TWO HUNDRED YARDS NORTH AND TWO HUNDRED YARDS SOUTH OF ELIZABETH BAPTIST CHURCH "REVEREND SOLOMON EADDY, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.


Printed Page 993 . . . . . Tuesday, February 9, 2016

ADJOURNMENT

At 1:55 p.m. the House, in accordance with the motion of Rep. BAMBERG, adjourned in memory of Beverly Ann Blackmon Powers of Lancaster, mother of Representative Norrell, to meet at 10:00 a.m. tomorrow.

***

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